my friend cabot financial

[helltitan]

Re: my friend cabot financial

Thank you Amethyst, a wonderful response

andrew

[Amethyst]

Re: my friend cabot financial

Good Morning Amethyst,
Thank you for your reply , i have stated a defence date of 11/11/2015



copy of letter sent to restons

ahh you changed it a bit... no notice of assignment was mentioned although yes they do mention the debt was assigned to their client. So amend response accordingly.

You want a reply before 4pm 9th November then so you can put your defence in on the 10th.

[Amethyst]

Re: my friend cabot financial

Maybe reply with something like


Dear Restons

Thank you for your letter dated 27 October 2015 in response to my request for a copy of the contract between Halifax and myself made under CPR 31.14.

Your statement of case quite clearly mentions ' a contract between the Defendant and Halifax dated on or about Jun 27 2014 ' and it is that document which I requested from you.

I am not sure to which other documents you refer, although if there are additional documents a copy would of course be appreciated.

The case has not been allocated to a track and as such you are required to comply with my request under CPR 31.14. As things stand I am uncertain as to what your claim applies as it fails to state what kind of contract the claim is about. The original creditor is Halifax plc so therefore I can only make an assumption that it is a financial product such as a loan, credit card, banking account or insurance contract. I have had various products with Halifax over the years and without further information it is going to be incredibly difficult to proceed effectively.

In addition to the request made to yourselves for a copy of the document mentioned in your statement of case I have made a formal request to your client, as creditor, under the assumption it is likely to be a consumer credit agreement regulated by the Consumer Credit Act 1974, for a copy of the original agreement pursuant to section 77/78 of the Consumer Credit Act 1974. This request was made on xxxxxxxxxxx 2015 and to date I have not received a response.

You will be aware that my Defence is due to be filed on xxxxxxxxxxx 2015 and as I am yet to receive any documentation regarding this claim, and in consideration that your statement of case fails to give adequate information to enable me to fully assess my position, I ask that your clients agree to an extension of time of 28 days for filing the defence pursuant to CPR 15.5. This should allow your clients time to get their house in order and provide the documents on which they intend to rely.

Please confirm your clients agreement to extend the time available to file a defence in the claim before xxxxxxxxx 2015.

Kind regards


xxxxxxxxxxxxxxxx

[helltitan]

Re: my friend cabot financial

copy of letter sent to restons

[helltitan]

Re: my friend cabot financial

Good Morning Amethyst,
Thank you for your reply , i have stated a defence date of 11/11/2015

[Amethyst]

Re: my friend cabot financial

That's a quite standard response to the CPR request so don't worry. Just means they are refusing to comply with your request.

Also shows they haven't read your letter as you only asked for the contract between halifax and yourself.



What date is your defence due ?

[helltitan]

Re: my friend cabot financial

Good Morning all ,

Received a response from restons this morning, not sure what to make of the reply out of my depth i think , any light that could be shed on this would be wonderful
thank you
andrew

[FlamingParrot]

Re: my friend cabot financial

would it be worth putting that little fact in a defence?? Maybe point out that the claimants have no legal standing to collect/start court proceedings because they're not licensed??

See below: :grin:

Not sure how they can remedy this. It should feature in every defence if it's this version o Cabot that is being dealt with.

Clerical error ? On the assignment, various begging letters and on a claim form with a statement of truth ?

Somebody has seriously messed up and as far as i see this info should be brought to the attention of the claimant, claimants legal team, court, SRA and FCA in every single case.

[nemesis45]

Re: my friend cabot financial

How do they fulfil the s82a duties ?

M1

That's mystery, Mystery Lowell have been doing it for years using Red, Hamilton Legal
Lowell Portfolio, Lowell Financial ( this one got a new address in NN1 1BQ) Lowell Port folio
one etc.

nem

[mystery1]

Re: my friend cabot financial

Yep, at a guess Cabot's still in the process of restructuring after swallowing up Marlin
it'll take a while for all the changes to catch up.

nem

How do they fulfil the s82a duties ?

M1

[mystery1]

Re: my friend cabot financial

I'm wondering ( not having had the time to check yet) if Crapbot are doing the same as Lowell, using " trading styles" identities
for parts of the group all covered by the blanket licence.

nem

https://register.fca.org.uk/shpo_sea...e?search=cabot

27 results. Trading and brand names listed.

UK appears 4 times.

Credit Suisse One Cabot Square Number 1 (UK) Limited

Assetfinance March (P) Limited,Credit Suisse One Cabot Square Number 1 (UK) Limited

Apple Retail Uk Limited

Cabot Financial (UK) Limited




The legal entity is the owner and only they can issue court papers.

M1

[nemesis45]

Re: my friend cabot financial

i.e. one registration covers all the group!

Yep, at a guess Cabot's still in the process of restructuring after swallowing up Marlin
it'll take a while for all the changes to catch up.

nem

[MIKE770]

Re: my friend cabot financial

i.e. one registration covers all the group!

[nemesis45]

Re: my friend cabot financial

would it be worth putting that little fact in a defence?? Maybe point out that the claimants have no legal standing to collect/start court proceedings because they're not licensed??

I'm wondering ( not having had the time to check yet) if Crapbot are doing the same as Lowell, using " trading styles" identities
for parts of the group all covered by the blanket licence.

nem

[Kati]

Re: my friend cabot financial

Looking at your claim, it would appear it was issued under the wrong company name: Cabot Financial (UK) Limited, who no longer have a consumer credit license. http://www.legalbeagles.info/forums/...537#post581522

Oooopsie! :grin:

would it be worth putting that little fact in a defence?? Maybe point out that the claimants have no legal standing to collect/start court proceedings because they're not licensed??